Competent Forums for Setting Aside an Arbitral Award in the Context of Kosovo and UNCITRAL’S Legislation

  • 17 September 2019
  • kutatocsoport5

This article sets out to present the competent forums for setting aside an arbitral award within the legislation of Kosovo and in accordance with the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, New York 1958 and United Nations Commission on International Trade Law (UNCITRAL) Model Law on Commercial Arbitration 1985 with amendments as adopted in 2006. The article aims to show the importance of the systematic interpretation of Law No. 02/L-75 on Arbitration of the Republic of Kosovo, the Convention and the Model Law to find the final meaning of provisions that can serve as grounds to establish jurisdiction for setting aside an arbitral award, whether these provisions are the grounds of jurisdiction for setting aside a national or foreign arbitral award. Read more... (Fis Murati)

International Law and Drone Warfare

  • 9 July 2019
  • kutatocsoport5

Over the past decade the use of drones, robots, and other remotely controlled weaponry has surged in the area of modern warfare, raising questions on the challenges these new technologies bring to human rights and the application of international law as a whole. States and non-governmental organizations have done very little to change existing laws, and remain unmoved at large by the challenges this new technology brings, leaving lawyers, human rights activists and organizations stuck with old laws that no longer apply to new wars. This article looks at some of the challenges contemporary wars bring to international law, and explores the debates centered on the legality surrounding the use of drones by arguing that an update in existing laws is necessary. Read more... (Leen Bakerjian)

European Court of Justice: Advocate General voices criticism of Polish judicial reform

  • 3 July 2019
  • kutatocsoport5

In a recently published opinion, Advocate General Tanchev of the ECJ expressed concerns regarding the appointment of judges to the newly established Disciplinary Chamber of the Polish Supreme Court. According to the opinion, the Disciplinary Chamber does not satisfy the requirements of judicial independence under EU law due to national legislative authorities playing a key role in the election of the 15 judicial members of the National Council of the Judiciary (NCJ), the body playing a primary role in the appointment of judges to the Disciplinary Chamber. Read more.. (Daniel Szilágyi)

How Much Is Enough? – The Interpretation of „Grave Risk” in an International Child Custody Dispute

  • 2 July 2019
  • kutatocsoport5

One of the most difficult aspects of divorce is making arrangements for the children; a hard decision that is made infinitely more difficult if the parents are citizens of different countries. With the rising number of international families, now estimated at 16 million, cross-border disputes on family matters have increased in the EU. There are about 140,000 international divorces per year in the EU and around 1,800 cases of parental child abduction within the EU every year. In a recent case, the European Court of Human Rights has held that there had been a violation of Article 8 (right to respect for private and family life) of the European Convention on Human Rights. The case concerned the interpretation of „grave risk” under international law in a child custody dispute. Read more... (Petra Ágnes Kanyuk)

Financial consumer protection and the European Social Model

  • 11 June 2019
  • kutatocsoport5

This article argues that the extension of the additional protection against unfair commercial practices - provided only to a strictly limited group of consumers in other areas of consumer protection - to all consumers in the field of financial consumer protection could potentially be justified. Furthermore, it highlights the importance of promoting financial literacy, which would require the development of up-to-date financial education and awareness programmes: through the use of its education and training policy instruments, the European Union could promote the availability of these programmes across all member states. Read more... (Daniel Szilágyi)

Government to nationalize research network of the Hungarian Academy of Sciences

  • 2 June 2019
  • kutatocsoport5

In what seems like the final resolution of the dispute between the Hungarian Academy of Sciences and the government about the future of the Academy’s research network, the government has announced its plans to unilaterally move all the research units in question under a new public institution with a 13-member governing board comprised of six government and six academy delegates and a chairman appointed by the Prime Minister. Read more... (Daniel Szilágyi)

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